Louisiana § RS 40:34.5 - Original birth certificate; required contents; name of father
Full text of Louisiana Louisiana Civil Code § RS 40:34.5 — Original birth certificate; required contents; name of father, with citation guidance and answers to common questions.
§ RS 40:34.5. Original birth certificate; required contents; name of father
A. If the child is born to a mother who either is married or was married within three hundred days prior to the birth of the child, the full name of the father shall be recorded in the same manner provided for the recordation of the surname of the child in R.S. 40:34.2(2)(a) and (c), unless otherwise provided by law.
B. If the child is born to a mother who neither is married nor was married within three hundred days prior to the birth of the child, the full name of the father who has acknowledged his child by authentic act shall be included on the birth record of the child, but only if the father and mother agree.
C. In the case of a child born of a surrogate birth parent as a result of an enforceable gestational carrier contract, as provided in R.S. 9:2720, the full name of the biological father shall be listed as the father.
D. In all other cases, the name of the father and other information pertaining to the father shall not appear on the birth certificate and the surname of the child shall be recorded as the maiden name or surname of the mother, at her discretion.
NOTE: Subsection (E) eff. until October 1, 2027. See Acts 2025, No. 477.
E. Nothing in this Section shall preclude the Department of Children and Family Services, office of children and family services, child support enforcement section from obtaining an admission of paternity from the biological father for submission in a judicial proceeding, or prohibit the issuance of an order in a judicial proceeding which bases a legal finding of paternity on an admission of paternity by the biological father and on any other additional showing required by state law.
NOTE: Subsection (E) as amended by Acts 2025, No. 477, eff. October 1, 2027.
E. Nothing in this Section shall preclude the Department of Children and Family Services, office of child support from obtaining an admission of paternity from the biological father for submission in a judicial proceeding, or prohibit the issuance of an order in a judicial proceeding which bases a legal finding of paternity on an admission of paternity by the biological father and on any other additional showing required by state law.
Acts 2016, No. 434, §3; Acts 2016, No. 494, §2; Acts 2018, No. 21, §1, eff. May 7, 2018.; Acts 2025, No. 477, §12, eff. Oct. 1, 2027.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 40:34.5
What does Louisiana Civil Code § RS 40:34.5 cover?
Section RS 40:34.5 ("Original birth certificate; required contents; name of father") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 40:34.5?
A common citation format is "Louisiana Civil Code § RS 40:34.5" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 40:34.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.